Category: Professional Negligence

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The Doctrine of Legal Precedent: When is a Court decision binding?

The doctrine of precedent is one of the most important features of the law of England and Wales. It is important to understand in litigation when and if a past court decision is binding on subsequent courts. It can mean the difference between winning and losing a case.

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Court of Appeal: Indemnity costs order for “speculative” claims are not constrained by approved costs budget

In Lejonvarn v Burgess and Burgess [2020] EWCA Civ 114, the Court of Appeal have confirmed that the High Court was wrong not to punish the claimants who pursued…

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A Warning to Lawyers in Professional Negligence Claims: Solicitors owe a duty to warn clients of risks

A solicitor is not under a general duty to warn clients about risks relating to matters which fall outside the scope of the client retainer; a potential professional negligence claim exists where there is a failure to warn as to risks which are material to the retainer.

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Peril of leaving (ineffective) service of litigation claim form to the last minute

Summary of the Court of Appeal judgment in case of Woodward & anor. v Phoenix Healthcare Distribution Limited in which Lexlaw represented the Appellants in place of their former solicitors, Collyer Bristow.